Practice Relating to Rule 87
Section D. Persons deprived of their liberty
Venezuela’s Penal Code (2005) states:
The following shall be punished with military arrest or political prison for one to four years:
1. Venezuelan or foreign nationals who, during a war between Venezuela and another nation, violate the … principles observed by civilized peoples during war, such as respect for prisoners … , without prejudice to military laws which shall be especially applicable to these matters.
The Law also states:
Any public official in charge of the custody or transfer of a detained or convicted person who commits arbitrary acts against such person or acts not authorized by the applicable regulations shall be punished with fifteen days’ to twenty months’ imprisonment. The same penalty shall be imposed on a public official who, because of his or her functions, holds a position of authority over such person and commits any of the [aforementioned] … acts. Injuries, offences against human dignity, … physical or moral humiliation committed against detainees shall be punished with three to six years’ imprisonment of the guardians or prison guards or of whoever gave the order to commit such acts which are contrary to the individual rights enshrined in Article 46(2) of the Constitution of Venezuela.
Venezuela’s Law on the Protection of Children and Adolescents (2007) states: “Every boy, girl and adolescent who is deprived of his or her liberty has the right to be treated humanely and with respect based on his or her dignity as a human person.”